Vendor declined a refund I believe I am entitled to

I purchaed a game online (digital copy) that ended up not playing very well on my PC, I am of the understanding that I should be entitled to refund this game within the EU legislation that I played less than 2 hours and requested within 14 days (I requested within 24 hours).

The vendor is stating that their licence agreement states they do not provide refunds under any circumstances, further emails to them to try get a refund sorted have been completely ignored.

Where do i stand with this? Theres nothing under the Help section of the app that covers this sort of dispute, I don’t think the companies legalese should trump EU legislation in this sort of thing?

Basically start a chargeback if they’re refusing to refund, you’ll then just have to sit back and wait to see if it’s successful.

What store was it anyways

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Is this helpful? R-

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Usually only if it’s faulty. You’d said PC so surely it’ll give recommended specs and if you fall below them I’m not sure if you’re allowed to refund since the same said you needed a certain equipment to play

However they’re some amazing links above which might help.

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sort of? thanks for the link, though i dont know if thats 100% accurate however im not a legal expert (clearly) so…

I know there was some debacle over this when some retailers such as Steam weren’t offering refunds for digital downloads when the EU mandated it, so they now offer within 14 days and if youve played less than 2 hours but i see nothing about this on that link, it states if you download it you waive your right to refund or you have to wait 14 days before you can download which just isnt true

the problem is theres no catagory for this in the app, and i dont want to be flagged/marked as using the wrong one incase i actually need those features later down the line, when i go to charge back im given very limited options

Then chat to monzo in app and ask

14 days/2 hours is I think Steam’s refund policy. Some other places may also have a similar policy (I think the Epic Games Store does as well), but if you’ve bought a digital game from a different vendor, then you can’t exactly hold them to someone else’s refund policy.

The EU directive provides for a 14 day cancellation period, this is true. But it also says that the seller must not supply the digital content before that period is over, unless

  1. express consent is obtained
  2. the customer acknowledges that the right to cancel will be lost.

So once you download and play, the right to cancel under that law is lost. The seller is perfectly entitled to have a more generous policy, which Steam seems to have. In that case, your right to cancel is due to your contract with Steam, which includes their policy. A different vendor need not have the same contract with you.

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That’s the thing. Different stores have different policies - which one agrees to when using the store.

Sony’s policy, for example, is that once you begin the download of a game you then waive your right to a refund there and then. They made an exception for CyberPunk 2077 with that release going so poorly.

Has this part of EU law become UK law? Or does it no longer apply?

You should be able to tap on the transaction, then “something wrong? Get help!” And then choose the goods and services option.

Please be aware that you need to give the retailer 14 days to try and resolve it directly with you before we can raise a chargeback.

You’ll also need evidence to show that you’ve tried contacting the merchant, what their response was as well as the original order confirmation and any evidence which shows the problem.

EU law that existed at the time we left the Union has been assimilated into UK statute. That means that the UK government may have since repealed it (but we’d probably have heard about it if they had).

There must be a distinction for some laws though? Because some stuff like mobile roaming charges in the EU etc are no longer enshrined in law?

I gave up following brexit when my head couldn’t cope with brexit and COVID at the same time! Now I just pretend we’re still part of Europe.

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So there’s (been a) process to make sure they’re coherent and make sense.

I’d need to look up mobile roaming charges, but if that’s part of legislation it’s probably been amended by that process to be within the UK rather than across the EU.

Likewise, the acquis (the body of European law) no longer applies, so an EU mobile operator wouldn’t be bound by EU/domestic law to, for example, provide fee-free mobile roaming in the UK - because that body of law would no longer recognise the UK as being in scope.

It actually looks like the EU directives which govern digital sales and consumer rights don’t apply post brexit because they weren’t enshrined in national law prior to the end of 2020!

First, the UK is not obliged to implement EU directives that had not reached their implementation date, nor will any EU regulations be EU retained law if they were not applicable before the end of 2020. There are significant upcoming changes to EU consumer protection law that will not therefore automatically become UK law, including:

And the actual legislation:

With the new rules, consumers will be protected when digital content and digital services are faulty, and will have the right to remedies:

• asking the trader to fix the problem
• if the problem persists, get a price reduction or terminate the contract and get a refund

Until now, such protection only existed for tangible goods at EU level.
In many cases, the consumer does not pay money to access digital content or services, but provides personal data to the trader. The new directive on digital content and digital services gives consumers the right to a remedy when digital content or a digital service is faulty, regardless of whether they paid for it or only provided personal data.

So I’m not sure exactly what rights we currently have in the UK.

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So I wasn’t too careful with my terminology :sweat_smile: I actually had the relevant UK law in mind, but since the EU was mentioned I referred to the directive instead. Haven’t paid enough attention to know if Parliament have repealed it or the EU have changed their version, but 14-day cooling-off periods are still around so I suspect not much has changed.

EU directives had to be implemented in domestic law to have effect, so those two never really applied. It just means the UK is not obliged to implement the new ones. Existing law implemented due to previous directives didn’t just vanish :laughing: I think mobile roaming was an EU regulation and so may not have had a domestic legal implementation. But Brexit law changes are too complex to keep up with :smile:

100%! Sorry for derailing the discussion too - I was just a bit intrigued!

Fingers crossed this gets sorted for you though pal :crossed_fingers:t3:

It depends on the vendor. If it’s something like a code you bought from a reseller such as G2A then no they don’t have to issue any refund it usually states this as you’re buying it since you’re not actually buying it from the site but rather than a person such as yourself

The game must also be removed from your account therefore the only people who can issue a refund is steam / epic etc not a code supplier otherwise it’s essentially theft as I made the same mistake and got banned from g2a and humblebundle and a fine from PayPal